HomeMy WebLinkAboutAgreement_General_4/11/2024_Wynn & Sons Environmental (2) WYNN &SONS ENVIRONMENTAL CONSTRUCTION CO.INC
7268 BELVEDERE ROAD
WEST PALM BEACH,FL 33411 US
+1 5185260536
rick.wynnandsons@yahoo.com
Estimate
ADDRESS SH P TO ESTIMATE 9250
VILLAGE OF TEQUESTA Mr.Doug Chambers DATE 03/07/2024
357 Tequesta Drive Seabrook Road
Tequesta,FL 33469 Sidewalk Replacement
pbc ann.contract 2022-063
ACTIVITY DESCRIPTION QTY RATE AMOUNT
63-007 SHALLOW EXCAVATION (DEPTH<4 FT)PER CY 59 10.00 590.00
63-008 EMBANKMENT PER CY 38 10.00 380.00
63-010 FINISH GRADING PER SY 1,326 10.00 13,260.00
63-105 CONCRETE CURB(TYPE D)PER LF 125 18.00 2,250.00
63-106 CONCRETE CURB(TYPE D)REMOVAL PER LF 125 12.50 1,562.50
63-107 CONCRETE F CURB 35 20.00 700.00
63-108 CONCRETE F CURB REMOVAL PER LF 35 13.50 472.50
63-125 CONCRETE SIDEWALK(6"THICK)(DRIVEWAY)(35 SY 950 63.00 59,850.00
OR GREATER)PER SY
63-126 CONCRETE SIDEWALK(6"THICK")(CURB RAMPS)PER 90 89.00 8,010.00
SY
63-127 CAST IN PLACEAND/OR SURFACE APPLIED TACTILE 200 44.00 8,800.00
SURFACE PER SF
63-128 PUMP MIX FOR CONCRETE PUMPING PER CY 100 35.00 3,500.00
63-130 PUMPING OR HAND PLACEMENT OF CONCRETE(1 DAY) 10 2,000.00 20,000.00
63-131 4"CONCRETE REMOVAL PER SY 1,003 12.50 12,537.50
63-150 SOD TO MATCH EXISTING PER SY 295 6.99 2,062.05
63-159 ROOT PRUNING(0"-36"DEEP)PER LF 380 20.00 7,600.00
63-168 3 CY LOADER TIME PER DAY 15 2,000.00 30,000.00
Proposal Does Not Include Sprinkler Repair-We cap the
Pipe if Broken
No Concrete Apron Removal&Replacement in this
Proposal
O TAL $171,574.55
Accepted By
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ATTEST: VILLAGE OF TEQUESTA
DATE: l] — 1 (,/ — 9-Y DATE: 4-1(� —9 Ll
Lori McWilliams, MMC Molly Young, �yv
Village Clerk
�PTE.Q"
OR
SEAL �=
INCORPORATED
[VILLAGE SEAL] ,,,,s !E4,, �Q,O;
VILLAGE OF TEQUESTA
AGREEMENT FOR PATHWAY AND MINOR CONSTRUCTION SERVICES
THIS AGREEMENT for pathway and minor construction services is entered
into and effective this 4 day of May , 2023, by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation %ith offices located at 345 Tequesta Drive,
'lequesta,Florida 33469,otgani7ed and existing in accordance with the laws of the State of Florida,
hereinafter "the Village-; and Vb)rnn & Sons Environmental Construction Co., INC., a Florida
corporation,with offices located at 7268 Belvedere Road,West Palm Beach.FL 33411,hereinafter
"the Contractoe',and collectively with the Village,"the Parties".
W ITNESSETH
The Village and the Contractor,in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties,hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide pathway and minor construction continuing services
including,but not limited to.construction and/or resurfacing of pathways,construction of parking
areas, speed humps, traffic separators, miscellaneous concrete works (inlets, manholes, curbing,
etc.)and other minor construction projects as needed by the Village on an as-needed, task work
order basis. The Parties agree; to enter into this Agreement and piggyback for the pathway and
minor construction services at the unit prices described in the Palm Beach County awarded through
Palm Beach County Pathway&Minor Construction Continuing Services Contract ProjectlBid No.
2022063. Said contract, including its terms, conditions, specifications, and attached
exhibitsfamendments, arc hereby fully incorporated into this Agreement and attached hereto as
Exhibit"A".
2. COMPENSATION: In consideration for the above Scope of Ser%ices, pricing
shall be pursuant to the unit prices provided within the Palm Beach County Contractor's Bid
'tabulation Chart, attached hereto as Exhibit "B". The Parties hereby agree to the Village's
purchase of supplies and/or services in greater or lesser amounts than estimated in the Palen Beach
County Pathway & Minor Construction Continuing Services Contract Project No. 2022063., or
the attached bid tabulation charts as referenced by Exhibits"A" & "B". In consideration for the
above Scope of Services and pursuant to any Fxhibits, if applicable, the Village shall pay the
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contractor at the unit prices as described in Exhibit"A".The goods or services shall be delivered
on a Nr-urdcr bL-_-;is in a time. manner. and location acceptable to the Village the '`Performance
Date.
3. CHANG E ORDERS: Seller is aware that price and time arc of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. if conditions
change that would require an increase in price.scope,or time for performance Seller must notity
the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the performance date"Change Order Deadline"-Change orders
submitted after the change order deadline will not be considered.Seller shall not proceed%ith any
change to its obligations under a change order request unless documented in a Change Order
executed by both Parties. If Seller requests a change order prior to the change order deadline
Village at its discretion may accept the change order as is or with modifications,deny the change
order, re-advertise and re-solicit pro-iders for the required goods or services or terminate this
contract_ if the Village elects to re-advertise and re-solicit the need for goods or services, the
Village.trill have 30 days'Solicitation Period"in which to accept the contemplated change order
or terminate this contract. At any time attar execution of this Agreement but prior to Seller's
delivery of the Goods,the Village reserves the right at its discretion to change.modifi-,reN isc add,
or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods.the lrllage shall make
an equitable adjustment in the contract price. the delivery schedule, or both.Arty change to the
Village's order for the (ioods and any subsequent equitable adjustment to the terms of this
Agreement shall be eflectuated through a erritten Amendment to this Agreement as executed by
both Parties pursuant to Section 15.of this Agreement_
4.TERNI;TERMINATION; NOTICE: Pursuant to the Palm Beach County Pathway K
Minor Construction Continuing Services Contract ProjectfBid No. 2022063,the original contract
term will expire on September 141h, 2024. With an option to rene,.t- up to a maximum of 18
additional months.This Auccment may be terminated by either party upon 30 days written notice
to the other party. Notice shall be considered sufficient when sent by certified mail or hand.
delivered to the Panics during regular business hours at the following addresses:
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Village
Contractor ,
Village of Tequesta I Xkkynn&Sons EnAronmental
345 Tequesta Drive Construction Co..INC.
1equesta,FL 33469-0273 7268 Belvedere Road
Attn: Doug Chambers,Public Works Dept_ West Palm Beach. F L 33411
Attn:Daniel P.%mn,President
5. INSURANCE: 7'he Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit"A"and shall name
the Village as an"additional insured"on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify,defend and
hold ha ratless the Village,its agents,servants.and cmploy°ees,from and against any claim,demand
or cause of action of%vhatsocvcr Rind or nature, arising out of error. omission- negligent act.
conduct.or misconduct of the Contractor;its agents,servants.or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued,nor as a%waiver of sovereign immunity beyond
the waiver Provided in Section 768.28,Florida S[atules.
7. PUBLIC ENTITIES CRIMPS ACT: As prodded in Sections 287.132-1 3 3.
1.7orida Statutes, by entering into this Agreement or performing any work in furtherance hereof.
the Contractor certifies that it, its affiliates. suppliers. subcontractors and consultants who will
perform hereunder. have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Senices within thirty-sit(36)months immediately prcceding
the date hereof: Ihis notice is required by Section 287.133OXa? Iluridu Statutes.
S. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee-employer or principal-went is or shall be created hereby,nor shall hereafter exist by
reason of the performance of the services herein pro,6ided.
9. INSPE(-FOR GENERAL_ Pursuant to Sections 2-42 t-2432 of the Palm Reach
C ountY Code of Ordinances. the Office of the Inspector General has jurisdiction to investigate
municipal matters,review and audit municipal contracts,and other transactions,and retake reports
and recommendations to municipal governing bodies based un such audits, re►icws, or
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investigations.All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority. and power. The inspector
general has the power to take swom statements, require the production of records, and to audit,
monitor:investigate and inspect the activities of the Village, as well as contractors and lobbyists
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct.and abuses.
10. E-VERIF1 ELIGIR119.1111 The Contractor warrants and represents that it is in
compliance with Section 448.095. Florida Stamtes,as may be amended.No later than January 1.
2021, the Contractor shall: (1) register with and use the E-VeriN, System (E-Verikeov) to
electronically verify the employment eligibility of all newly-hired workers_and(2)verify that all
of the Contractor-s subconsultants performing the duties and obligations of this agreement are
registered with and use:the F-Verify System to electronically verity the employment eligibility of
all newly hired workers. The Contractor shall obtain from each of its sub-consultants an affidavit
stating that the sub-consultant does not employ,contract iMth,or subcontract with an I Inauthorized
Alien,as that term is defined in Section 449.095(1 xk).Florida Statutes as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub-consultant for,at a minimum.
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The'Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1),Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes,as may be
amended, the Village shall notih- the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant- in the event
of such contract termination,the:Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination_
11. SCRUTINIZED COINIPASNIES: For Contracts under SIM. the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725. Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option it the Contractor is found to have submitted
a false cenitication as provided under Section 287.135(5), Florida Statutes, if the Contractor has,
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
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215.4725,Florida statutes,or if Contractor is engaged in a boycott of Israel. for Contracts over
Sl M.the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies Kith Activities in the Iran Petroleum Energy Sector LisL or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725. Florida
.Statures.The Contractor further certifies that it is not engaged in a boycott of Israel and that it does
not have business operations in Cuba or Syria,as similarly provided in Section 287.135.Florida
Statutes. The Village may terminate this Agreement at the Villages option if the Contractor is
found to have submitted a false certification as provided under Section 287.135(5), Florida
Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725.Florida Statutes.Additionally,the Village may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria,as defined in Section 287.135,Florida Statures.
12. ATTOR.VEV'S FEES: In the event,a dispute arises concerning this Agreement.
the prevailing party shall be awarded attorney's fees,including fees on appeal.
13. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and %%ithout their fault or negligence.
Such causes include. but are not limited to: acts of God; acts of war: natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. CHOICE OF LAW: VENUE:: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and %rcnue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto,and required insurance certificates constitute the entire Agreement between both parties:
no modifications shall be made to this Agreement unless in writing.weed to by both parties,and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
16. PUBLIC RECORDS: in accordance with Section 119.0701.Florida Statures.the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are ascoc:iated with the performance of the work described in the Scope of Services. Upon
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request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements ofC'haptt:r 119.Florida Statutes.
A Contractor who fails to provide the public records to the Village,or fails to male them available
for inspection or copying. within a reasonable time may be subject to attorneys fees and costs
pursaurt to Section 119.0701. Florida Statutes,and other penalties under Section 119.10.Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authoriuxi by law for the duration ofthe Agreement term,and follo%%ing
completion of the Agreement if the Contractor does not transfer the rcconds to the Village.Fin
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor.or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Vitlaggc upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements_If the Contractor keeps and
maintains public records upon completion of the Agreement. the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village,upon request from the Villages custodian ofpublic records,in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THiS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODLAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
imew iliiams a tequesta.oro,, OR AT 345 TEQUESTA DRIN7E, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construino interpretin�� or enforcing this
Agreement.
IS. ` [' F RABILI FY: l he invalidity or unenturceability of any provision of this
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Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining,of the Village's consent to
or approval of any subsequent consent or approval of, .whether or not similar to the act so
consented or approved_
20. ENYIRE AGREEMENT: This eight page Agreement. including an% Exhibits.
constitutes the entire agreement between the parties: no modification shall be made to this
Agreement unless such modification is in writing.acre to by both parties and attached hereto as
an addendum to this Agreement. In the event of a conflict between this and any other document.
this document shall prevail
22. AUTI101d' 11- TO UL'LIGATE: Each person signing this agn:c�tnent on behalf
ofeither Part} warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whotn he or she is signing and bind and obligate such party %pith respect to all
provisions contained in this agreement_
[REMAINDER OF -1.111S PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreetnent on the
date and rear first above%vritten.
WITNESSES: Wvnn & Sons Environmental
Construction Co., Inc.
r
LIZ
By:Daniel M yn .President
tom•
(Corporate Seal)
VILLAGE OF TEQUESTA
t3ti: Nolh Young, Zia r -- -
ATTEST:
v nycmnuiIN
D F
(sew) �.PGO9P�R'-'-Q'
Lori Mc%%'illiams.MMC �NConPOR FD D_
Village Clerk =,ct "llhh
VF4, 19
I.Ifllllt lli111.i1N
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